Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026

Administered by Department of Home Affairs

Legislation au F2026L00637 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by authority of the Minister for Immigration and Citizenship

Migration Regulations 1994

Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026

  1.          The instrument (departmental reference LIN 26/063) is made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).
  2.          The instrument amends Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 (F2021L00152) (LIN 21/019) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
  3.          The instrument commences on 3 June 2026. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Purpose

  1.          The purpose of this instrument is to amend principal instrument LIN 21/019 to specify Luxembourg as a foreign country (in its capacity as a passport issuing authority) in section 4 of the principal instrument. Section 4 operates to specify a class of persons under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations. The effect of the amendment is that a person who holds a valid passport issued by Luxembourg will be in a class of persons who are exempt from the requirement to provide a letter of support from their government to apply for a Subclass 462 (Work and Holiday) visa.
  2.          Subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations provides that to make a valid application for a Subclass 462 (Work and Holiday) visa, the applicant must generally provide evidence they have support for the grant of the visa (a letter of support) from the foreign country that issued their passport. This requirement applies unless the applicant is a member of a class of persons specified by the Minister in an instrument in writing under subparagraph 1224A(3)(b)(iii). The requirement in subparagraph 1224A(3)(b)(iii) also does not apply if the applicant is not and has not previously been in Australia as the holder of a Subclass 462 visa, other than an “offshore COVID-19 affected visa”.
  3.          Subsection 4(3) of the principal instrument LIN 21/019 specifies the class of persons for this purpose, being applicants who hold a valid passport issued by any of the countries specified in the table under that subsection of the instrument. By specifying Luxembourg in the table, a person who holds a valid passport issued by Luxembourg will be exempt from the requirement to provide a letter of support from their government to apply for a Subclass 462 visa.

Consultation

  1.          The Ministry of Foreign and European Affairs, Defence, Development Cooperation and Foreign Trade of the Grand Duchy of Luxembourg formally requested the removal of the letter of support requirement for Subclass 462 visa applicants. The formal request was agreed to on 2 April 2026 by the Minister for Immigration and Citizenship. This instrument gives effect to that arrangement.
  2.          The Department will update its visa systems, website and other client-facing information to reflect the amendment when it commences.

Details of the instrument

  1.          Details of the instrument are set out in the Attachment.

Parliamentary scrutiny etc.

  1.      The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because instruments made under Schedule 1 of the Migration Regulations are prescribed as being exempt from disallowance under paragraph 44(2)(b) of the Legislation Act. This exemption is provided for by table item 20(b) in regulation 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
  2.     The instrument was made by a delegate of the Minister for Immigration and Citizenship in accordance with the Migration Regulations.

Attachment

Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026

  1.          Section 1 provides that the name of the instrument is the Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026.
  1.          Section 2 provides that the instrument commences on 3 June 2026.
  2.          Section 3 provides that the instrument is made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994 (the Migration Regulations).
  3.          Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
  4.          Item 1 of Schedule 1 to the instrument amends the table in subsection 4(3) of the principal instrument Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument (LIN 21/019) 2021 by inserting Luxembourg into the table of foreign countries in that subsection. Under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations, if an applicant is not, and has not previously been in Australia as the holder of a Subclass 462 visa, other than an offshore COVID-19 affected visa, the applicant is to provide evidence they have support for the grant of the visa from the foreign country that issued the passport.
  5.          An exemption applies to applicants who are in a class of persons specified by the Minister in an instrument in writing for the subparagraph. Subsection 4(3) of the instrument provides that applicants who hold a valid passport issued by any of the countries specified in the table are in a class of persons for the purposes of subparagraph 1224A(3)(b)(iii). The effect of this amendment means applicants who hold a valid passport issued by Luxembourg are exempt from the requirement to provide evidence they have the support of the government for the grant of the visa.
  6.          The amendment made by the instrument relates to the requirements for making a valid application for a Work and Holiday (Temporary) (Class US) visa under Schedule 1 to the Migration Regulations. The amendment applies in relation to applications made on or after the amending instrument commences; it does not apply in relation to applications made before commencement.

Overview

The Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026 amends the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument 2021, which was enacted to streamline the process for applicants seeking to obtain a Subclass 462 (Work and Holiday) visa by altering the criteria for the letter of support from their home country. The 2026 instrument was introduced to address the specific issue of exempting applicants with valid Luxembourg passports from the requirement to provide such letters of support, in response to a formal request by the Ministry of Foreign and European Affairs of the Grand Duchy of Luxembourg. This amendment was agreed to by the Minister for Immigration and Citizenship on 2 April 2026. The instrument was made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994, and it is exempt from disallowance under section 42 of the Legislation Act 2003. The policy objective of this legislative change is to facilitate the visa application process for Luxembourg citizens by reducing bureaucratic requirements, thereby enhancing bilateral relations and encouraging tourism and temporary work arrangements between Australia and Luxembourg.

Scope and Application

The Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026 amends the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument 2021 to specify Luxembourg as a country whose passport holders are exempt from the requirement to provide a letter of support from their government when applying for a Subclass 462 (Work and Holiday) visa. This amendment applies to persons who hold a valid passport issued by Luxembourg, providing they are not and have not previously been in Australia as the holder of a Subclass 462 visa, other than an offshore COVID-19 affected visa. The instrument is made under subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Migration Regulations 1994, which specifies the general requirement for applicants to provide evidence of government support for the grant of the visa unless they are in a specified class of exempt applicants. The instrument is exempt from disallowance and therefore does not require a Statement of Compatibility with Human Rights. The amendment will come into effect on 3 June 2026.

Key Provisions

The Migration Legislation Amendment (Arrangements for Work and Holiday Visas—Luxembourg) Instrument 2026 (the Instrument) amends the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Instrument 2021 (the Principal Instrument) to include Luxembourg as a country whose passport holders are exempt from the requirement to provide a letter of support from their government when applying for a Subclass 462 visa. This change is detailed in Section 4 of the Instrument, which modifies the table in subsection 4(3) of the Principal Instrument by adding Luxembourg to the list of countries whose passport holders are exempt from this requirement. This amendment means that applicants holding a valid passport from Luxembourg will not need to provide a letter of support from the Luxembourg government to apply for a Subclass 462 visa, aligning their application process with that of other exempt countries. The Instrument imposes obligations on applicants who hold a valid passport issued by Luxembourg, allowing them to apply for a Subclass 462 visa without needing to provide a letter of support from their government, provided they meet the other eligibility criteria specified in the Migration Regulations 1994. The Instrument also requires the Department of Home Affairs to update its visa systems, website, and other client-facing information to reflect this amendment when it comes into effect. This ensures that applicants are properly informed about the changes and can proceed with their visa applications accordingly. There are no specific offences, penalties, or civil/criminal consequences outlined in the Instrument itself for non-compliance with its provisions. However, failure to comply with the requirements of the Migration Regulations 1994, including the submission of false or misleading information in a visa application, could result in refusal of the visa application, potential cancellation of a visa already granted, or other administrative actions as deemed appropriate by the Minister for Immigration and Citizenship. In more serious cases, this could also lead to criminal charges, with potential penalties including fines and imprisonment, as outlined in the Migration Act 1958. The Instrument’s purpose is solely to amend the requirements for certain applicants in relation to the letter of support, and it does not introduce new enforcement mechanisms or penalties.

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Immigration & Refugee Law
Instrument
Statutory Instrument
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Commencement Provisions
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.